LAWS(JHAR)-2006-6-80

YASIMIN Vs. STATE OF JHARKHAND AND ORS.

Decided On June 19, 2006
Yasimin Appellant
V/S
State Of Jharkhand And Ors. Respondents

JUDGEMENT

(1.) Heard the learned Counsel for the parties. Reference may be made to the order dated 27.4.2006 which reads as under:

(2.) From perusal of the aforesaid order it will appear that this Court passing the order after taking took all precautions and after full satisfaction that both the wives are living together and the first wife because of her physical illness gave 'No Objection' for giving compassionate appointment to the petitioner who is the widow of the deceased. This Court, therefore, made it clear that the Circular will not come in the way in refusing the claim of the petitioner. In spite of the aforesaid judgment, the Committee headed by the Deputy Commissioner, Deoghar, in utter disregard of the judgment reiterated that the compassionate appointment cannot be given to the petitioner. The said order of the Deputy Commissioner has been challenged in this writ petition. On 13.3.2006, this Court passed the following orders:

(3.) Pursuant to the aforesaid order, a counter affidavit has been filed on behalf of the Deputy Commissioner wherein it has not been disputed that the impugned order was passed by the Committee headed by him. However, it is stated that after the order was passed on 30.3.2006 in this writ petition, the matter is being sent to the concerned Department.